Appeals Court Disqualifies Former Trump Lawyer Alina Habba as Acting US Attorney in New Jersey, Raising Questions Over Dozens of Cases

A US appeals court ruled on Monday that Alina Habba, former personal attorney to President Donald Trump, has been unlawfully serving as the top federal prosecutor for the state of New Jersey. The decision is expected to impact numerous criminal cases across the state, raising significant legal and political ramifications.

Habba was personally selected by President Trump earlier this year to serve as US Attorney for New Jersey. However, after a district court rejected her nomination, the Trump administration installed her in an acting capacity using a mechanism that bypassed mandatory Senate confirmation.

The appeals court found this maneuver violated the Federal Vacancies Reform Act, which governs interim appointments to high-level federal positions.

Court: Administration Tried to Bypass Legal Limits

“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” wrote Judge Michael Fisher in the ruling.

The decision marks the second time in recent weeks that a Trump-appointed acting prosecutor has been disqualified for improper appointment procedures.

In a joint statement, the three attorneys who challenged Habba’s authority — Abbe David Lowell, Gerry Krovatin, and Norm Eisen — hailed the ruling as “the first time an appeals court has ruled that President Trump cannot override statutory and constitutional processes to install whomever he wants.”

The White House, Habba’s office, and the Department of Justice have not yet commented.

Habba’s Rise to National Prominence

Alina Habba, 41, joined Trump’s personal legal team in 2021 after reportedly meeting him at his Bedminster golf club. She quickly became one of Trump’s most visible defenders and represented him in his New York hush-money trial, in which he was convicted on 34 counts of falsifying business records. Trump is currently appealing that conviction.

Trump had also announced plans to appoint Habba as a presidential counselor, calling her “unwavering in her loyalty” and a “tireless advocate for justice.”

How Her Appointment Was Challenged

The appeals court decision stems from a challenge filed by three criminal defendants in New Jersey, who argued that Habba’s appointment was unlawful. A district judge agreed with them in August, but that ruling was placed on hold pending appeal.

Monday’s appellate ruling affirms the initial decision and will require the Department of Justice to designate a legally appointed US attorney to supervise federal prosecutions in the state.

A Pattern Among Trump’s Interim Appointees

Habba is not the only interim federal prosecutor appointed by Trump whose status has been deemed unlawful:

• Last week, a federal judge dismissed charges against former FBI Director James Comey and New York Attorney General Letitia James because the acting US attorney overseeing the case, Lindsey Halligan, had not been lawfully appointed.

• In October, Bill Essayli was disqualified as acting US attorney for the Southern District of California for overstaying the legal limit of his interim appointment. The judge, however, allowed him to remain in the office as first assistant US attorney.

• In September, Nevada’s acting US attorney Sigal Chattah was similarly removed for serving in violation of appointment rules.

These repeated findings raise increasing scrutiny over the Trump administration’s approach to federal vacancies and compliance with governing laws.

What Happens Next?

The Justice Department may need to re-evaluate any case in which Habba signed off on prosecutorial decisions. Defense attorneys across New Jersey are expected to file motions contesting indictments, plea agreements, and ongoing prosecutions.

The ruling puts significant pressure on the administration, as multiple federal districts now lack properly confirmed leadership.